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Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......ment and decree dated 27.6.80 affirmed the same. A learned Single Judge of the Barisal Bench, High Court Division by judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the judgment and decree of the lower appellate Court. 2. The property described..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
....nnur Ahmed, Advocate-on-Record-For the Respondent (State) No. 2.
Criminal Appeal No. 14 of 1989.
(From the Judgment and Order dated 31.5.89 passed by the High Court Division, Dhaka in Criminal Contempt Case No. 6 of 1989)
Judgment
ATM Afzal J.- This appeal, as of right, by the appellan......enged the said detention under section 491 of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 173 of 1988 and after hearing the High Court Division by order dated 16.2.1989 made the Rule absolute and directed the release of the detenu at once; that the said order was communicated o..
Category: Criminal Law | Date: | Hits: 88
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......nbsp; Latifur Rahman J.- This appeal by the plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......round that the appellant "has made submission on facts" and has "not been able to point out any error of law in the decision" of the lower appellate Court "for issuance of Rule." 12. Leave was granted to consider the appellant's submission that the finding of..Category: Property Law | Date: | Hits: 67
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......der of acquittal, the appellant took a revision, No. 90 of 1985, in which a Division Bench of the High Court Division, Dhaka by the Impugned judgment and order dated 24 October, 1989 discharged the Rule. 12. Leave was granted to consider the case as against respondent No. 1 Ali Mollah only..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....ndra Maitra, Advocate‑on‑Record‑ For Respondent No. 4. Moazzem Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an orde......n need not also call for any consideration. 18. All the opposite parties have shown sufficient contrition in throwing themselves at the mercy of this Court. Their apologies are accepted. The Rule is discharged. Mustaf..Category: Property Law | Date: | Hits: 98
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......y. The said inquiry was held against the petitioner as a member of the public and not as a Government servant which is not contemplated under the ‑Government Servants (Discipline and Appeal) Rules 1985, the Petitioner submitted further. 5. There is no substance in the contenti..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......ovember, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and Appeal) Rules, 1976 for "misconduct corruption". 3. They denied the charge taking the plea..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
..... 1. Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgment and order dated 28.5.1989 passed by the High Court Division, Dhaka, in Suo Motu Contempt Rule No. 189 of 1989) Judgment: ...... Ex parte‑Respondent No. 2. Criminal Appeal No. 16 of‑1989. (From the judgment and order dated 28.5.1989 passed by the High Court Division, Dhaka, in Suo Motu Contempt Rule No. 189 of 1989) Judgment: &nb..Category: Criminal Law | Date: | Hits: 79
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......ority and to be of no legal effect and calling for a direction upon the respondents to cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the said judgment and order.
4. The disputed land..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......r section 53A of the Transfer of Property Act, but as this plea was not taken in the written statement the learned Single Judge did not allow the plea to be raised for the first time in revision. The Rule was made absolute, the concurrent judgments of the Courts below were set aside and the suit was..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......tee to collect "octrol" on goods imported into the octroi barrier of the Municipality. The main question is whether the "certificate", as required of that the appellants, under Rules that the goods in from question are Government properties and that these that goods are inten..Category: Fiscal/Taxation Law | Date: | Hits: 92
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 106
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......im, he shall enter such documents in a list to be added or annexed to the plaint and state in whose possession or power they are." 6. Plain reading of the provisions of Sub‑Rule (1) of rule 14 of Order VII of the Code of Civil Procedure shows that they are Imperative. Rul..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ppeal No. 1 of 1991, were added as respondents. After finding that Article 117 applies to the Appellate Tribunal as well, the High Court Division by its order dated 12th December, 1990 discharged the Rule issued in the matter, but granted a certificate as the matter involved substantial question of ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......ow cause notice before his dismissal from service. 5. In summarily rejecting the appellants' revisional application the High Court Division found that Jamuna Oil Company Ltd. had no Service Rules of its own, that the plea of lack of Rules not providing for a second show cause notice was n..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
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